Judge Voided 2017 Court-Martial Conviction of Sgt. Bowe Bergdahl

A federal judge in the United States has overturned the 2017 court-martial conviction of Sgt. Bowe Bergdahl, an Army sergeant who walked off his post in 2009 and was subsequently captured by the Taliban, spending five years as their prisoner. The original conviction resulted in a dishonorable discharge, a reduction in rank, and a $10,000 fine for Bergdahl. Tuesday’s ruling, which can be appealed, nullifies the court-martial conviction.

U.S. District Judge Reggie Walton determined that the military judge overseeing Bergdahl’s court martial failed to disclose his application to become a federal immigration judge at the time. This potential bias raised concerns considering then-President Donald Trump’s criticism of Bergdahl. However, the court did not find any evidence of actual bias.

The Army has yet to comment on the ruling, and the military judge who handed down Bergdahl’s conviction, Jeffrey Nance, could not be reached for comment. Experts in military law, such as Geoffrey Corn from Texas Tech University School of Law, speculate whether the U.S. Army will seek to bring Bergdahl back to active duty and retry him, but the likelihood seems low.

Bergdahl was released in a prisoner swap in May 2014 involving the freedom of five Taliban leaders held by the U.S., a deal that generated significant backlash from Republicans. Bergdahl claimed that he left his post in an attempt to report leadership issues within his unit. His disappearance led to a dangerous search by his fellow soldiers.

Judge Walton also highlighted the need for politicians to refrain from commenting on ongoing cases, subtly alluding to President Trump, who publicly condemned Bergdahl as a traitor who deserved execution. The judge emphasized that expressing desired verdicts undermines the integrity of the judicial process.

In conclusion, a federal judge has nullified the 2017 court-martial conviction of Sgt. Bowe Bergdahl, citing concerns about potential bias due to the military judge’s undisclosed application to become a federal immigration judge. The conviction resulted in a dishonorable discharge and a reduction in rank for Bergdahl. It is unclear whether the U.S. Army will retry him or bring him back to active duty. This ruling prompts considerations about the impact of politicians’ public comments on ongoing cases, as it can undermine the integrity of the judicial system. The decision is subject to appeal.